Hamilton v. Boddie-Noell Enterprises, Inc.

OPINION AND ORDER

JAMES P. JONES, District Judge.

In this personal injury case, removed from state court, the plaintiff claims that he became ill from a foreign substance in an iced tea purchased at a fast food restaurant. He asserts claims against the owner of the restaurant and its alleged parent company for negligence, gross negligence, breach of implied warranty, and state law violations under the Virginia Consumer Protection Act (“VCPA”), Va.Code Ann. § 59.1-196 et seq. Jurisdiction exists in this court pursuant to diversity of citizenship and amount in controversy. See 28 U.S.C. § 1332(a).